A magistrate has taken the stand to testify against a murder suspect in an ongoing trial within a trial before High Court Judge Tšeliso Mokoko.
The case involves Mohlai Motseki, who stands accused of murdering Mpho Kholoana in June 2016 in Mohale’s Hoek.
The court is currently determining whether a confession made by the accused should be admissible as evidence.
The defence, represented by Advocate Moeletsi, argues that the confession was obtained under duress and should therefore be excluded. Moeletsi contends that the accused was physically coerced by police officers, making his confession involuntary.
To address these claims, the court summoned Magistrate Khechane as the first witness.
In her testimony, Magistrate Khechane acknowledged that, while she may not have had extensive experience as a magistrate at the time, she was well-versed in the proper procedure for recording confessions. She emphasised that experience in such matters holds significant weight.
She informed the court that on November 2, 2016, the accused, Mohlai Motseki, voluntarily presented himself at her office, seeking to make a confession. According to her, the accused made the confession in the presence of her colleague and did so of his own free will.
She further stated that Motseki admitted to surrendering himself to the police regarding the crime he had committed, specifically that he had shot Mpho Kholoana three times, purportedly in retaliation for being stabbed by the deceased.
Magistrate Khechane noted that unless there was evidence contradicting this claim, the presence of a victim shot three times in Mohale’s Hoek corroborated the accused’s statement.
She further asserted that she had no prior acquaintance with the accused and thus had no reason to fabricate his testimony. She categorically stated that she observed no visible signs of physical abuse or injuries on the accused that would suggest he had been assaulted.
She also affirmed that had the accused mentioned any ill-treatment or coercion, she would have recorded it accordingly. She maintained that she would never allow a confession to be made in the presence of a person whom the accused feared or under duress from the police.
However, she clarified that she was not a medical professional capable of diagnosing injuries that were not externally visible.
The second witness, Detective Lance Sergeant Mahalika, stationed at the Criminal Investigation Division (CID) office at Mohale’s Hoek police post, testified that on November 1, 2016, Advocate Moeletsi personally brought Motseki to the police station, stating that his client wished to surrender, having learned that he was a wanted person.
Upon receiving the accused, the police requested to interrogate him without his lawyer present.
During the interrogation, the accused disclosed that he had previously had a conflict with the deceased while they were in South Africa. Following this altercation, he tracked Kholoana and later obtained a firearm from a friend, Leloko Raselepe, who had since ceased visiting Lesotho.
The detective stated that after obtaining this confession, he escorted the accused to court for an official confession before the magistrate. He clarified that his only role was to direct the accused to the appropriate entrance and that he did not accompany him inside.
Detective Mahalika vehemently denied the allegations of police brutality, asserting that it would have been illogical for the police to assault a suspect who had voluntarily surrendered. He acknowledged that while the accused had turned himself in six months after the incident, the voluntary nature of his surrender remained undisputed.
During cross-examination, Advocate Moeletsi stated that the accused would testify that he had been assaulted and verbally abused by the police, who allegedly ridiculed him, questioning where he had found his lawyer. The witness refuted this claim, insisting that no such mistreatment had occurred.
The defence further contended that the accused had been instructed to relay the same account to his lawyer that he had provided to the magistrate and to compose himself in a particular manner during his appearance before the magistrate.
Detective Mahalika categorically denied these assertions, swearing before the court that, as the lead investigator, he would never mistreat or coerce a suspect, particularly one who had surrendered voluntarily.
It was also alleged that the police had transported the accused to his residence, where they left him in the vehicle while they searched his home. Upon their return, they purportedly claimed to have recovered his firearm.
The detective refuted this assertion, maintaining that he had never participated in any such operation. He stated that the accused himself had admitted to shooting the deceased using a firearm belonging to Leloko Raselepe.
Advocate Moeletsi argued that if the detective was indeed present during the accused’s confession before the magistrate, his presence would render the entire confession null and void.
Another witness, Detective Maoeng from Mohale’s Hoek police post, corroborated Detective Mahalika’s testimony. He testified that on November 1, 2016, Advocate Moeletsi had arrived at the Mohale’s Hoek police station, stating that he was accompanying a person who was allegedly wanted by the police. After presenting the accused, the advocate departed, allowing the police to interrogate him without legal counsel present.
Detective Maoeng confirmed that after Motseki made his confession, the police asked him whether he would be willing to repeat his statement before the magistrate, to which he responded affirmatively, stating that taking a life did not sit well with him. Consequently, the accused was taken to the magistrate the following day.
During cross-examination, Detective Maoeng stated that, to the best of his knowledge, the accused had not been subjected to any form of physical abuse or verbal insults by the police. He further disclosed that he had been among the officers actively searching for the accused, not as a criminal suspect, but as a potential witness in a separate criminal case involving a relative of the accused.
Advocate Moeletsi informed the court that the defense intended to submit a medical report indicating that the accused had sustained injuries consistent with strangulation and physical assault. He noted that the medical examination had been conducted a day after the accused was released on bail.
Relebohile Makhetha is a court and crime reporter based in Maseru. She has been working at Newsday since 2024. She holds a Bachelor’s Degree in Professional Communication from Limkokwing University of Creative Technology (2024) and a Diploma in Mass Communication from the National University of Lesotho (Institute of Extra-Mural Studies, 2018).
